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Thread: Harrassment by a state police officer

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    My father is currently out on bond, and has only been out for 2 days. There is a state police officer harrassing him and threatening to take him back to jail. Everyday it is something small. For instance he had not changed his address over to where he was staying at yet, so he was still receiving some mail at another address. He had not changed the address on his drivers lic yet. He had not shut off the phone at the place where he was staying before he got arrested. It is all stupid, and they have not given him time to take care of it. In fact they have called him to the state police headquarters everyday for something else. They are following him around when he goes to town. They are actually following me and my husband around as well, because we are driving another vehicle that is in his name. What can we do?

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    Opt-Out Members BigDave's Avatar
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    Was this some how Firearms or Open Carry related? Sounds more like you need to call an attorney.
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    well the reason he was arrested in the first place was dealing with firearms.

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    Same answer..... Consult an attorney for legal advice.

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    +1 on getting an attorney.



    Document interactions and also take pictures. Make a log of all the times you see them following youand write down license plates, location, date and time and a brief description of the officer (unless it's the same one). When they called and why and so forth.

    Make sure you get names when you can.



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    Carrya voice recorder and digital camera with video. Record interactions and videotape them following and committing other harassing behavior.

    Under Washington law you can record police without their knowledge or consent. I've been there and done that. Whip out a secret recording in court and they typically leave you alone afterward.

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    kschmadeka wrote:
    Carrya voice recorder and digital camera with video. Record interactions and videotape them following and committing other harassing behavior.

    Under Washington law you can record police without their knowledge or consent. I've been there and done that. Whip out a secret recording in court and they typically leave you alone afterward.
    Or your house mysteriously catches on fire. Or your car is the surprising target of gang vandalism.

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    kschmadeka wrote:
    Carrya voice recorder and digital camera with video. Record interactions and videotape them following and committing other harassing behavior.

    Under Washington law you can record police without their knowledge or consent. I've been there and done that. Whip out a secret recording in court and they typically leave you alone afterward.
    Yay, weighted voting ftw!

    Step 1: Get an attorney that is familiar with harassment laws.
    Step 2: Get an audio recorder.

    Video isn't necessary. Audio is a must. This is one reason why no one relies on stupid security cameras in public places. You can see what's going on but you have no proof of what is said. Personally, I believe I am under constant surveillance(because I am). To continue the idea for my own personal protection is just one way I exercise my legal rights. Learn to do the same.

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    oldkim wrote:
    +1 on getting an attorney.



    Document interactions and also take pictures. Make a log of all the times you see them following youand write down license plates, location, date and time and a brief description of the officer (unless it's the same one). When they called and why and so forth.

    Make sure you get names when you can.



    Good luck to you!
    +2

    Document, document, document.....and when your tired of that....well...you know.

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    You can file harassment charges against anayone including the POTUS. Just how far and what action you will get is all dependent on what they are doing to harass you. Doesn't make any difference whether it is a state police officer or your ex-wife, same process to go through. Consult an attorney.

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    If you want to start it yourself then go here http://www.wsp.wa.gov/information/commend.htm

    If you prefer to address your compliment in writing, send it to WSP Headquarters at:
    Washington State Patrol
    General Administration Building
    PO Box 42600
    Olympia WA 98504-2600
    (360) 753-6540

    Or utilize our WSP Directory to locate the address and telephone number of WSP offices across the state.
    Your written comments will be treated in the same manner as those received by electronic mail (see above).
    The Washington State Patrol is committed to providing the highest level of law enforcement services to our citizens and stakeholders. Thank you for recognizing the efforts of a WSP employee.
    opsmail@wsp.wa.gov. Please include a daytime telephone number where you may be reached.
    Further information regarding the Washington State Patrol Complaint Process may be obtained by calling the Office of Professional Standards at (360) 704-4220.

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    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    Melaniell25 wrote:
    In fact they have called him to the state police headquarters everyday for something else. They are following him around when he goes to town.
    Where do you live? This sounds strange. Here in Washington "they" don't call you to State Police Headquarters for anything. The Washington State Troopers issue citations and they are forwarded to the court. The Court may call but not State Troopers unless there is an ongoing investigation for a serious offense like Hit/Run, Vehicular Homicide, Etc. In that case you aren't called in, they come to you.



    As for legal advice, the best is available from a lawyer, not the internet.
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    antispam540 wrote:
    Or your house mysteriously catches on fire. Or your car is the surprising target of gang vandalism.
    I have my fair share of complaints about police, but to date arson isn't one of them. Besides, the looks of panic on their faces when I pulled it out, right after I'd gotten perjurous statements out of them, was just priceless.

    Of course, something else I learned at that time (though I already knew it)was that criminal complaints against police just get swept under the mat, unless it's a case of murder with video or lots of witnesses, in which case they get charged and then the case purposely blown. That pretty much just leaves the lawsuit route.

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    Under Washington law you can record police without their knowledge or consent.
    I'm really sick and F'in tired of hearing this.

    The court case that everyone is using as their case law has to do with recording ON A PUBLIC STREET.

    There is ZERO privacy in public sans a bathroom, changing room, or other 'private' public area....

    I'm getting really tired of having people quote **** without knowing the meaning.

    If you have another cite, do it.

    Otherwise you're giving bad advice that MAY get someone jacked up...
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    TechnoWeenie wrote:
    The court case that everyone is using as their case law has to do with recording ON A PUBLIC STREET.
    That is exactly what I was referring to, public stops and otherofficial businessconducted on the public clock. http://www.copwatch.org/statevflora.htm

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    Get Jessie.
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    what will you do now to prove you are not stupid?

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    I love this part:
    We decline the State's invitation to transform the privacy act into a sword available for use against individuals by public officers acting in their official capacity.

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    kschmadeka wrote:
    TechnoWeenie wrote:
    The court case that everyone is using as their case law has to do with recording ON A PUBLIC STREET.
    That is exactly what I was referring to, public stops and other¬*official business¬*conducted on the public clock.¬* http://www.copwatch.org/statevflora.htm¬*
    NO, it does not say ANYWHERE that any officers actions are fair game.

    It merely says that the conversation NEVER was private. The officers were contesting that EVERY arrest/action they do is 'private', hence why the judge said 'BS, we're not carving out an exemption so you can use it against citizens'..

    So, being that the law says you can't record PRIVATE conversations, and the conversation WAS NOT PRIVATE, the case was dismissed.

    Has nothing to do with an officer being on duty or not.

    Has to do with it BEING IN A PUBLIC PLACE WHERE NO EXPECTATION OF PRIVACY EXISTS.

    ...


    ..


    The State urges us to adopt the view that public officers performing an official function on a public thoroughfare in the presence of a third party and within the sight and hearing of passersby enjoy a privacy interest which they may assert under the statute. We reject that view as wholly without merit.

    ....





    It is clear, however, that there must be something in the nature of prying or intrusion, . . . It is clear also that the thing into which there is intrusion or prying must be, and be entitled to be, private.

    Jeffers v. Seattle, 23 Wn. App. 301, 315, 597 P.2d 899 (1979) (quoting W. Prosser, Torts 808 (4th ed. 1971)); see also Katz v. United States, 389 U.S. 347, 19 L. Ed. 2d 576, 88 S. Ct. 507 (1967).

    The conversation at issue fails this threshold inquiry; the arrest was not entitled to be private. Moreover, the police officers in this case could not reasonably have considered their words private. 1


    1 We note, incidentally, that the police officers testified at trial that they did not consider the conversation private.


    Because the exchange was not private, its recording could not violate RCW 9.73.030 which applies to private conversations only.

    AGAIN, absent other case law, there is NO 'public official' exemption.

    State v. Flora is simply a case in which an error was corrected, as the recording was never PRIVATE, which is required in order to commit the crime.
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    Technoweenie, the subject here is HARASSMENT by PUBLIC OFFICIALS in PUBLIC PLACES on the PUBLIC CLOCK. In that context, IT IS LEGAL IN THE STATE OF WASHINGTON TO RECORD POLICE WITHOUT THEIR KNOWLEDGE OR CONSENT.

    Personally been there, done that, and hauled out the State V. Flora decision to get my recording admitted, so I think I know what the hell I'm talking about. If you're making the case that I was referring topolice officer'spersonal conversations, please cite. If you just want to split hairs and start arguments over petty details, then PM me and quit wasting space for everyone else.

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    TechnoWeenie wrote:
    kschmadeka wrote:
    TechnoWeenie wrote:
    The court case that everyone is using as their case law has to do with recording ON A PUBLIC STREET.
    That is exactly what I was referring to, public stops and otherofficial businessconducted on the public clock. http://www.copwatch.org/statevflora.htm
    NO, it does not say ANYWHERE that any officers actions are fair game.

    It merely says that the conversation NEVER was private. The officers were contesting that EVERY arrest/action they do is 'private', hence why the judge said 'BS, we're not carving out an exemption so you can use it against citizens'..

    So, being that the law says you can't record PRIVATE conversations, and the conversation WAS NOT PRIVATE, the case was dismissed.

    Has nothing to do with an officer being on duty or not.

    Has to do with it BEING IN A PUBLIC PLACE WHERE NO EXPECTATION OF PRIVACY EXISTS.


    AGAIN, absent other case law, there is NO 'public official' exemption.

    State v. Flora is simply a case in which an error was corrected, as the recording was never PRIVATE, which is required in order to commit the crime.
    RCW 9.73.30
    (2) Notwithstanding subsection (1) of this section, wire communications or conversations (a) of an emergency nature, such as the reporting of a fire, medical emergency, crime, or disaster, or (b) which convey threats of extortion, blackmail, bodily harm, or other unlawful requests or demands, or (c) which occur anonymously or repeatedly or at an extremely inconvenient hour, or (d) which relate to communications by a hostage holder or barricaded person as defined in RCW 70.85.100, whether or not conversation ensues, may be recorded with the consent of one party to the conversation.


    For that to make any sense, you would have to be able to record interactions with the police, public or private, but may not keep the recording if no such exception under (2) occurs therein.

    There is a lot of evidence in Flora that the court didn't want to go too far, but did want to make it clear that the recording act was meant to protect the public, not law enforcement, in that it "expresses a legislative intent to safeguard the private conversations of citizens from dissemination in any way. The statute reflects a desire to protect individuals from the disclosure of any secret illegally uncovered by law enforcement."

    Essentially, an official acting in their official duty in a public venue, even if they are the only person present with you, should not be considered in private and protected. I would go so far as to argue that anything which would be legally "publicly available" under FOIA qualifies as not-private, but that is an argument for the courts.

    In short, this person should definitely be in the clear recording the claimed instances of harassment, both under Flora and under 9.73.30 (2)
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    I start my recorder every time I get pulled over. And ever since the incident I described, I've found that after they run my information, they often come back acting a lot nicer.

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    ''The State urges us to adopt the view that public officers performing an official function on a public thoroughfare in the presence of a third party and within the sight and hearing of passersby enjoy a privacy interest which they may assert under the statute. We reject that view as wholly without merit.''

    I think that the Judge writing the decision was taking a swipe at the state's lawyer with the sentence in question. To avoid subtlety but retain meaning I think it could be rewritten like this:

    ''The State urges us to adopt the view that public officers performing:
    *an official function [not private]
    *on a public thoroughfare [not private]
    *in the presence of a third party [not private] and
    *within the sight and hearing of passersby [not private]
    enjoy a privacy interest which they may assert under the statute. We reject that view as wholly without merit, meaning that each of the conditions is a bogus interpretation of RCW9.73.030, and we reject each part of that view because accepting any single point in the list would allow the police to claim privacy. I believe that the law clearly forbids that view.''

    Privacy was the main thrust of the decision but ''performing an official function'' certainly sounds like ''on the clock'' to me and is thus an integral part of private vs public.

    MD

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    I believe that any one recording a LEO while he is conducting official business with the person recording is going to be Okydoky. If someone wants to follow an officer around and record his conversations in circumstances where they have no official standing then there is a risk that they have violated the state statute(s).




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    amlevin wrote:
    I believe that any one recording a LEO while he is conducting official business with the person recording is going to be Okydoky.¬* If someone wants to follow an officer around and record his conversations in circumstances where they have no official standing then there is a risk that they have violated the state statute(s).

    ¬*

    ¬*

    Your standing is not supported by law if you attempt to record a PRIVATE conversation.

    If they're in public, it's free game.
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    TechnoWeenie wrote:
    amlevin wrote:
    I believe that any one recording a LEO while he is conducting official business with the person recording is going to be Okydoky.¬* If someone wants to follow an officer around and record his conversations in circumstances where they have no official standing then there is a risk that they have violated the state statute(s).

    ¬*

    ¬*

    Your standing is not supported by law if you attempt to record a PRIVATE conversation.

    If they're in public, it's free game.
    Are any of their conversations private if they are acting in official capacity?
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